Trademark law
Supreme Court judgment 14 December 2021, HR-2021-2480-A, (case no. 21-065762SIV-HRET), civil case, appeal against judgment.
Olav Thon (Counsel John Christian Elden) v. B, Madriku AS (Counsel Vebjørn Krag Iversen)
Justices: Falkanger, Bergsjø, Arntzen, Høgetveit Berg, Steinsvik
The owner of the restaurant Stortorvets Gjæstgiveri in Oslo brought an action against the owners of the restaurant Stortorvet Gjestgiveri in Hamar demanding that all use of the name "Stortorvet Gjestgiveri" and its logo cease. The Supreme Court found that "Stortorvets Gjæstgiveri" could not have been registered separately as a trademark, see section 14 of the Trademarks Act, because it is descriptive and without distinctive features. The name and visual design did not give the sign sufficient distinctive features. The sign did thus not enjoy independent protection. "Stortorvets Gjæstgiveri" was also not established by use as a trademark in the relevant circle of trade in the Hamar area. The use of the name "Stortorvet Gjestgiveri" with its logo was also not a violation of section 30 of the Marketing Act on protection against copying or section 25 – the good business practice clause. The appeal against the Court of Appeal's judgment was dismissed.